Büntetjog

Büntetőjog, or criminal law, is the branch of law that defines crimes, prescribes penalties, and governs the state’s response to wrongdoing. It comprises substantive criminal law, which sets out which acts are punishable and the elements of criminal liability, and criminal procedure law, which governs investigations, filings, trials, and the enforcement of judgments.

In Hungary, the core of substantive criminal law is the Criminal Code (büntető törvénykönyv, BTK). The BTK lists punishable acts, sets out penalties, and defines the elements of liability, including considerations of intent and negligence. It also contains special rules applicable to particular categories of offenders, such as juveniles, and to specific areas of crime, such as crimes against life, bodily integrity, property, public order, and national security. The Criminal Code is enacted by Parliament and is periodically amended.

Criminal procedure law (büntetőeljárási jog) governs the process by which crimes are investigated and prosecuted, how trials are conducted, the rights of suspects and defendants, and the admissibility of evidence. It interacts with constitutional protections and international law, including the European Convention on Human Rights, which influence Hungary’s guarantees of due process and fair trial.

The objectives of büntetőjog include preventing crime, deterring offenders, punishing culpable conduct, and rehabilitating offenders where possible. Core principles typically include legality (no punishment without law), proportionality of penalties, presumption of innocence, and the burden of proof on the prosecution. The field is shaped by national legislation, constitutional norms, and international legal obligations, and it continues to evolve through legislative reforms and judicial practice.